Police attempt to keep rival Brexit protest groups from clashing in central London, Sunday Dec. 9, 2018. (Victoria Jones/PA via AP)

Top EU court rules UK can change mind over Brexit

Britain voted in 2016 to leave the 28-nation bloc, triggering a two-year exit process

The European Union’s top court ruled Monday that Britain can change its mind over Brexit, boosting the hopes of people who want to stay in the EU that the process can be reversed.

The European Court of Justice ruled that when an EU member country has notified its intent to leave, “that member state is free to revoke unilaterally that notification.”

Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU’s Lisbon Treaty in March 2017, triggering a two-year exit process.

Article 50 contains few details, in part because the idea of any country leaving was considered unlikely.

A group of Scottish legislators had asked the ECJ to rule on whether the U.K. can pull out of the withdrawal procedure on its own.

READ MORE: EU set to endorse Brexit deal but hard work lies ahead

The Luxembourg-based ECJ said that given the absence of any exit provision in Article 50, countries are able to change their mind in line with their own constitutional arrangements and that such a move “reflects a sovereign decision.”

The British government is free to do so as long as no withdrawal agreement has entered force.

A member state can also choose to change its mind in the case where no agreement has been reached, as long as the two-year time limit, including any transition period, has not expired.

Scotland’s constitutional Relations Secretary Michael Russell described the ruling as “hugely important.”

“People in Scotland overwhelmingly voted to remain in the EU,” he said. “This judgment exposes as false the idea that the only choice is between a bad deal negotiated by the U.K. government or the disaster of no deal.”

British Prime Minister Theresa May has repeatedly said the government will not seek to delay or reverse Brexit.

But the court’s opinion is another headache for the Conservative prime minister as she battles to win Parliament’s backing through a crucial vote scheduled for Tuesday for the divorce deal she has agreed with the EU.

British Environment Secretary Michael Gove, who helped drive the Brexit campaign, said the court ruling would have no real impact.

“We don’t want to stay in the EU … so this case is very well but it doesn’t alter the referendum vote or the clear intention of the government that we leave on March 29,” Gove told the BBC.

May, meanwhile, was scrambling to change lawmakers’ minds and stave off defeat.

The government insisted Monday that Tuesday’s vote will be held as scheduled, amid pressure to delay it to avoid a defeat that could sink May’s deal, her premiership, or both.

May’s government does not have a majority in the House of Commons, and opposition parties — as well as dozens of Conservative lawmakers — say they will not back the divorce deal that May and EU leaders agreed last month.

Pro-Brexit lawmakers say the deal keeps Britain bound too closely to the EU, while pro-EU politicians say it erects barriers between the U.K. and its biggest trading partner and leaves many details of the future relationship undecided.

The main sticking point is a “backstop” provision that aims to guarantee an open border between EU member Ireland and the U.K.’s Northern Ireland post-Brexit. The measure would keep Britain under EU customs rules, and is supposed to last until superseded by permanent new trade arrangements. Critics say it could leave Britain tied to the EU indefinitely, unable to strike new trade deals around the world.

May and the EU both insist the withdrawal agreement can’t be changed. But May spoke over the weekend to European Council President Donald Tusk, who will chair an EU summit in Brussels on Thursday, and Irish Prime Minister Leo Varadkar, amid signs she is seeking to tweak the deal to win over skeptical lawmakers.

“Of course we can improve this deal, and the prime minister is seeking to improve this deal,” Gove said.

But, he warned, “by reopening it, there is a risk that we may not necessarily get everything that we wish for.”

The Associated Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Vernon Fire Rescue Services work to put out a structure fire in an abandoned house on Highway 97 and 39th Avenue Wednesday, Oct. 21, 2020. (Caitlin Clow - Vernon Morning Star)
UPDATE: Vernon house fire under control

Single-lane traffic remains in effect on Highway 97 in both directions

North Okanagan Skin and Laser has adapted to COVID-19 by adding an e-store to its website and switching to paperless operations. (Morning Star photo)
Vernon medical spa draws positives from pandemic

North Okanagan Skin and Laser launches e-store, switches to paperless operations

Turning Points Collaborative Society staff was applauded by executive director Randene Wejr after going above and beyond the call of duty following an electrical fire at the emergency response centre on 37th Street Sunday, Oct. 18, 2020. (Contributed)
LETTER: Turning Points director applauds staff after electrical fire in Vernon

‘Our staff went above and beyond for our clients… but this is nothing new,’ says executive director

Vernon product Quinn Jones, better known as Jaq Havoq, released his sophomore album Mood Swings ahead of fall 2020. (Contributed)
Vernon product drops sophomore album

Jaq Havoq examines love, heartache and depression in Mood Swings

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Paul Singla walks towards his Penticton home on Heather Road in 2018 after CBSA officers raided it. (File photo)
Singla and Toor make first court appearances on immigration fraud

The Okanagan men had their cases adjourned until 2021

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times
Kootenay Ford dealer’s frustration grows with ICBC

Trail AM Ford owner Dan Ashman says he just wants fair compensation from ICBC

Mail-in ballot from Elections BC (Katya Slepian/Black Press Media)
At least 26% of eligible voters have already cast a ballot, Elections BC says

Voters can cast a ballot until 8 p.m PST on Election Day

A 2018 decision to fly a rainbow flag ended up costing the City of Langley $62,000 in legal fees (Langley Advance Times file)
Human rights win in rainbow flag fight cost B.C. city $62,000

“Lengthy and involved” process provoked by complaint

Prime Minister Justin Trudeau is seen during a news conference Tuesday October 20, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Trudeau and his family decide against trick-or-treating this year due to COVID

Adhering to local health authorities, Trudeau urges Canadians to do their part in following those guidelines

Surrey RCMP cruisers outside a Newton townhouse Tuesday night. (Photo: Shane MacKichan)
Toddler in hospital, woman dead following stabbings at Surrey townhouse

Police say two-year-old was among victims found at townhouse complex in the 12700-block of 66 Avenue

View of Larsson Hill from DriveBC camera at 7:25 a.m. on Oct. 21. (Contributed)
Vehicle incident at Larson Hill causing delays up to one hour on Coquihalla

The incident has blocked traffic in both directions

Most Read